DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 268-19 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 3 December 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations and policies, as well as the enclosed 19 February 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (HQMC), Enlisted Promotions Branch (MMPR-2).  The AO was provided to you on 24 April 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your 31 October 2016, Administrative Remarks (page 11) counseling entry from your official military personnel file (OMPF) and your request for remedial promotion to Sergeant (Sgt/E-5) effective 1 December 2016.  The Board considered your contention that you were erroneously restricted from promotion to Sgt for twenty-four months instead of twelve months.  On 3 November 2015, you were found guilty at non-judicial punishment (NJP) for driving under the influence (DUI).  You were awarded reduced in grade to Corporal (Cpl/E-4), and restricted from promotion to Sgt for twelve months.  Upon adjudication of your civil conviction during October 2016, you were again restricted from promotion to Sgt for an additional twelve months.  You further contend that the page 11 was not issued or signed by a commissioned officer. 

The Board, however, substantially concurred with the AO.  In this regard, the board noted that you were issued a 31 October 2016 counseling entry, not recommending you for promotion to Sgt for twelve months due to your recently adjudicated DWI.  Pursuant to chapter 1, paragraph 1204.4.q. of MCO P1400.32D, the Marine Corps Enlisted Promotion Manual (MARCORPROMMAN, VOL 2, ENLPROM), a Marine will not be promoted within 12 months of conviction by military or civil authorities for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).  The Board thus determined that the contested entry was written and issued in accordance with the MARCORPROMMAN and the Commanding Officer was within his authority to restrict your promotion to Sgt for the contested twelve month period. 

Concerning your contention that the entry was not issued or signed by a commissioned officer, the Board determined that the contested entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM) and does not require the signature of a commissioned officer.  Pursuant to chapter 4, paragraph 4006.f. of the IRAM, Marine’s in the grade of Private through Sergeant that are eligible, but not recommended for promotion “will acknowledge (sign) the entry. Lastly, the Board noted that your date of rank to the grade of Sgt is 1 January 2018.  The AO indicates that the earliest eligibility date for your promotion to Sgt was 1 November 2017.  As such, you may submit an administrative request to Headquarters Marine Corps (MMPR-2) for a review and potential correction to your date of rank.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.